|
Alabama
Adjourned sine die |
No 2006 legislation found.
|
|
|
Alaska
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
No 2006 legislation found as of May 1, 2006.
|
|
|
Arizona
|
SB 1084. General revisions to state Medical Board including definitions of “peer review” and “unprofessional conduct”; process of disciplinary review and action; adds continuing education to already existing discipline action options against doctors.
SB 1102. Modification to public medical malpractice disclosure law: pending complaints are not posted on public website but may be released to a member of the public via phone or written request.
SB 1351. Standards for proof of civil liability for health professionals and/or hospital facility providing services in compliance with Emergency Medical Treatment and Labor Act.
HCM 2006. Requests that Congress enact medical malpractice liability reform.
HCR 2038. Amends Constitution for state to retain punitive damages awarded in wrongful death or personal injury cases; money is allocated to specific state funds.
|
Passed. Signed by Governor, April 10, 2006.
Passed. Signed by Governor, April 6, 2006.
In Conference Committee.
Failed, Feb. 13, 2006. |
|
Arkansas
|
No 2006 legislative session. |
|
|
California
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
AB 28. Health care providers offering free, quality medical services to uninsured or Medicaid recipients would receive civil liability protection in acting as agents of state.
AB 2342. Medical Board to study issue of state providing medical malpractice insurance to physicians providing voluntary, unpaid medical services, findings to be reported to legislature before January 1, 2008.
|
Died at desk, Jan. 31, 2006.
Committee referral to pass and forward to 2nd committee. |
|
Colorado
Scheduled to adjourn sine die, May 10, 2006.
|
SJR 11. Requests that Congressional delegation support medical malpractice liability reform.
HB 1330. Repeals existing provisions allowing medical malpractice insurers to use loss experiences from other states and nationwide experiences in certain situations when setting rates; specific information factors not to be included.
|
SJR 11 passed House, in Senate.
HB 1330 signed by Governor 6/1/06.
|
|
Connecticut
Adjourned.
|
HB 5371. Eliminates requirements that medical professional liability insurance policies issued on a claims-made basis provide prior acts coverage without additional charge to insureds; extended reporting coverage liability insurers must provide under certain circumstances.
|
Signed by Governor 6/2/06. |
|
Delaware
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
No 2006 legislation found as of May 1, 2006.
|
|
|
District of Columbia |
B16-0334. Insurance Commissioner authorized to consider malpractice insurer's surplus in ratemaking if surplus is considered unreasonably large; regulation of certain insurance rates; prior approval required of rate increases in medical malpractice insurance exceeding 7%; refunds authorized to physicians paying excessive rates; physicians and consumers may challenge rate increases; rate filings made public; physicians able to obtain insurance rate quotes from multiple medical malpractice insurance providers.
B16- 0418. Mayor required to dedicate number of full-time employees within Department of Health to assist in improving performance of Board of Medicine; creation of centralized database for analysis of adverse medical events; also database for closed claims against obstetricians for analysis in improving health care delivery; notice requirements for filing lawsuits alleging medical malpractice; required mediation for medical malpractice litigation; expression of sympathy or apology by health care provider not admissible as evidence of admission of liability; medical malpractice insurance rates, rate changes, and payments to be made public.
|
Referred to Committee. Public Hearing held 3/20/06 |
|
Florida
Adjourned |
S. 272, H. 565. Rules for “financial responsibility requirements” for physicians relating to liability insurance, submission of documentation to Department of Health relating to insurance coverage or other alternative financial arrangements, related suspension of medical license in certain circumstances.
S. 614. Creates Florida Medical Malpractice Insurance Fund to be operated by Office of Insurance Regulation, investment requirements, fund to issue medical malpractice insurance policies to any physician regardless of specialty.
S. 2160, H. 1293. Medical malpractice insurers may issue insurance coverage to exclude medical negligence within a specified hospital or trauma center; noneconomic damages limited to $500,000 for hospital complying with certain patient-safety measures; requirements, examinations, and approval process for certification as a patient-safety facility; reporting requirements for patient-safety certified facilities but records will not be admissible as evidence in legal proceedings.
S. 2212, H. 1111. Specified nurse practitioners not required to maintain medical liability insurance, but would be required to pay specified sums in certain cases of malpractice; certain cases in which license would be suspended.
|
All Florida bills died in committee.
Died in Committee on Banking and Insurance on 5/5/06
Died in committee on Judiciary on 5/5/06; Died on second reading calendar on 5/6/06
Died in committee on Health Care on 5/5/06; Died in Health Care Regulation committee on 5/6/06 |
|
Georgia
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
No 2006 legislation found as of May 1, 2006.
|
|
|
Hawaii
Adjourned
Hawaii con’t.
|
SB 468. Introduced in 2005 and carried over to 2006 Regular Session, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
SB 2284, HB 2321. Noneconomic damages in medical tort actions limited to $250,000; plaintiff attorney fees for medical tort actions limited on sliding scale, 15% of any award over $600,000; periodic payments and attorney fees based on life expectancy of plaintiff; court to assess percentage of negligence upon request of non-settling healthcare provider, used to base amount of economic damages allocated to each defendant; joint and several liability to apply if healthcare provider’s degree of negligence is 25% or more, noneconomic damages recoverable in proportion to degree of negligence if less than 25%.
SB 3279. Any statement or conduct expressing apology, responsibility, liability, or sympathy made by health care provider to patient or family member relating to pain, injury or death is inadmissible as evidence of admission of liability or against interest.
SCR 152. Legislative Reference Bureau to conduct interim study of regulation of medical malpractice insurance industry in state, propose reforms, report due for 2007 legislative session.
HB 1845. Noneconomic damages limited to $250,000 against health care professional acting in emergency services or hospital emergency department; limit applies only to act or omission during screening or evaluation to determine if emergency condition exists and/or immediate treatment necessary to relieve emergency condition.
HB 2025. Noneconomic damages in medical tort lawsuit limited to $250,000; jury not to be informed of noneconomic limit; multiple defendants severally liable with separate judgments against each for damages; attorney fees limited on sliding scale from 40% of first $50,000 to 15% of award or settlement over $600,000; collateral benefits may be introduced into evidence; punitive damages only awarded if actual malice proven; periodic payments for any award over $50,000; statute of limitations set at 1 year, 3 years or age 8 for minors.
|
SB 2284, HB 2381 deferred.
Passed Senate and House.
Report adopted 3/24/06.
Adopted in Senate, in House.
No Action
No Action |
|
Idaho
Adjourned sine die, April 11, 2006.
|
No 2006 legislation found. |
|
|
Illinois
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
No 2006 legislation found as of May 1, 2006.
|
|
|
Indiana
Adjourned sine die, March 14, 2006. |
HB 1112. Statement of sympathy may not be entered into evidence in any tort action including medical malpractice; statement of fault may be admitted into evidence.
HB 1260. Any statement or conduct expressing apology, fault or sympathy made by health care provider to patient or family member relating to pain, injury or death is inadmissible as evidence of admission of liability or against interest.
HB 1277. In all civil actions, attorney fees shall be awarded to the prevailing party.
|
Passed. Signed by Governor, March 17, 2006.
Referred to committee on Judiciary
Referred to committee on Judiciary |
|
Iowa
Adjourned
Iowa con’t.
|
SF 2218. Noneconomic damages awarded in any medical malpractice action against a medical professional limited to $500,000.SF 2356, HF 2716. In any civil action against medical professional or health care facility, any statement or conduct expressing sympathy or condolence regarding injury or death as result of alleged breach of standard of care is inadmissible as evidence of admission of liability or against interest.
HF 704, HCR 10. Introduced in 2005 and reassigned in 2006, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
HF 2133. Certificate of merit required in complaints against health care providers; includes expert qualifications; written report to state reasonable merits for complaint; separate certificate to be filed for each defendant named; failure to file certificate makes complaint subject to dismissal.HF 2149. Expert witnesses in medical malpractice actions must be specialist in same specialty as defendant, active clinical practice or medical teaching within 3 years of occurrence in complaint.
HF 2150. Any statement or conduct expressing apology, responsibility, liability or sympathy made by health care provider to patient or patient’s representative relating to pain or injury not admissible in court as admission of liability or against interest.HF 2189. Certificate of merit required from plaintiff at filing of action for damages against health care provider; certificate must be authorized by medical professional who meets state requirements for expert witnesses; requirements for information to be included in written statement submitted with certificate; grounds for case dismissal if certificate does not meet requirements.HF 2411. Pre-trial medical review panel may be formed at request of either party to a medical malpractice action; forming of panel; evidence that may be considered; report of panel admissible into evidence at any subsequent court action; HF 2726. Expert witness in medical liability action must be actively practicing in same discipline as defendant for previous three years; any statement or conduct expressing apology or sympathy for unanticipated medical outcome not admissible as evidence of admission of liability or against interest; certificate of merit from expert must be filed prior to filing of civil action against a medical professional; certificate of merit must be filed for each defendant to be named; requirements of information to be included in certificate’s written statement. |
No Action
SF 2356 withdrawn, HF 2716 passed. Signed by Governor 5/24/06.
No action on remainder of Iowa bills.
Referred to Judiciary committee on 1/25/06
Referred to Judiciary committee on 1/25/06
Referred to Judiciary committee on 1/26/06
Referred to Human Resources committee on 1/31/06
Referred to Judiciary committee on 2/15/06
Placed on calendar on 3/9/06 |
|
Kansas
Adjourned
|
SB 335. Collateral benefits may be considered in awarding damages in personal injury cases. (This statute would remove a requirement that collateral benefits be considered in all cases with a damages award over $150,000.)
HB 2547. In personal injury cases, court may instruct jury on $250,000 noneconomic damages limit.
HB 2563. Noneconomic damages limit in personal injury or wrongful death cases raised from $250,000 to $750,000 for causes of action after July 2006.
|
Died in committee.
No action.
No action. |
|
Kentucky
Adjourned sine die, April 12, 2006.
|
SB 1. Amends Constitution to allow state legislature to limit noneconomic and/or punitive damages awarded against health care provider to $250,000; alter statute of limitations in medical malpractice actions; require alternative dispute resolution prior to a trial.
SB 240. Certificate of merit required for each defendant in civil medical malpractice action requiring expert testimony; requirements for certificate showing deviation from applicable standard of care; grounds for dismissal if certificate is not filed properly; mediation required in any claim of professional negligence against health care providers, any agreements reached legally binding; insurance information may be disclosed.
SR 125. Requests that Congress enact medical malpractice liability reform.
HB 72. Requires filing of medical malpractice insurance rates with Office of Insurance; certain components prohibited from inclusion in rate filing; restricted premiums for obstetricians; Office of Insurance to maintain annual list of medical specialties which may be impaired in availability due to liability insurance conditions; liability policy cancellation requirements; information to be collected from insurance companies by Office of Insurance.
HB 700. Premium restrictions on medical malpractice insurance policies for obstetricians; Executive Director of Insurance to prepare annual reports of the availability of medical liability insurance, collect specified information from insurance providers; notice requirements for cancellation or nonrenewal of medical liability insurance; statements or conduct expressing apology or sympathy by health care provider not admissible as evidence in medical malpractice civil action; expert witness affidavit required from plaintiff in professional negligence complaint; defendant disputing liability required to file expert witness affidavit; required mediation for lawsuits against health care providers; nonprofit, independent Physician’s Mutual Insurance Authority to be created to provide medical malpractice insurance to any physician complying with qualifications and conditions and/or any physician unable to secure coverage in voluntary market; other functions and reports for Authority.
HB 722. Requirements on medical malpractice insurance providers to file rates and information on liability risks; review panel process for civil medical malpractice actions; $250,000 limit on noneconomic damages in medical liability actions.
|
Failed on Senate floor. No action on remainder of Kentucky bills. |
|
Louisiana
Louisiana con’t.
|
SB 110. Medical liability lawsuits included in frivolous lawsuit determination by court, requiring non-prevailing party to pay all court costs and attorney fees for opposing party; medical review panel cannot judge whether either side is frivolous.
SB 290, HB 260, HB 412. Expanded definitions for “patient,” “malpractice,” and “health care” under Malpractice Liability law.
SB 314. Court questioning in medical liability cases related to applicable current and future medical care required by plaintiff; repeals conditions under which state would pay portion of medical liability award over damages limit.
SB 328. Health care provider – patient privilege may be used in medical malpractice claims relating to information directly and specifically related to issues of liability of a health care provider who is named as a defendant in a medical malpractice proceeding.
SB 406. Expedited process for review panel prior to medical liability lawsuit being filed, with agreement of all parties; opinion of panel not permitted as evidence in court, panel members may not be called by either party as witnesses.
HB 1228. Separates definitions of noneconomic and economic damages in medical malpractice actions.
|
(SB 110)Referred to Judiciary committee on 3/27/06
SB 290: Referred to Judiciary committee on 3/27/06.
HB 260: Referred to House committee on Civil Law and Procedure on 5/2/06
HB 412: Signed by the Governor on 6/29/06
SB 314: Assigned to Judiciary committee on 3/27/06
SB 328: Involuntarily deferred in House Civil Law and Procedure on 6/12/06
SB 406: Filed with the Secretary of State on 6/21/06
HB 1228: Assigned to House Civil Law and Procedure on 4/19/06 |
|
Maine
Adjourned
|
LD 0590. Insurance Superintendent to make public all medical malpractice insurance filings by providers; public hearing if rate increase request is over 5% or at request of any individual who pays premiums to the company filing the rate increase.
LD 1378. Comparative negligence of plaintiff to reduce award in personal injury or wrongful death cases; jury to specify amount of damages award to be paid by each defendant in multiple-defendant medical malpractice complaint; noneconomic damages limited to $250,000; punitive damages limited to $75,000; statement or conduct acknowledging sympathy, apology or fault made by health care provider to patient or patient’s representative relating to injury or death as result of unanticipated medical outcome not admissible as evidence of admission of liability.
LD 1582. Punitive damages against health care provider authorized in certain circumstances; medical board to revoke license of health care provider with at least three judgments of professional negligence.
|
No action.
LD 1378 signed by the Governor 6/10/05
No action |
|
Maryland
Adjourned |
SB 203, HB 107. Establishes Task Force on Administrative Compensation for Birth-Related Neurological Injury; membership, staff support, duties, reports and recommendations.
SB 229, HB 306. Expert witness certificates must be filed separately for each defendant in medical liability complaint; expert witness may spend only 20% of professional time involving testimony in personal injury claims; defined costs which may and/or may not be introduced into evidence during arbitration and trial; neutral expert must testify on issue of economic damages; noneconomic damages limited to $500,000; jury may not be informed of limit; rules for reduction of award in cases of multiple primary claimants if jury grants more than limit; expression of regret or apology made by or in behalf of health care provider to patient or family member inadmissible as evidence of admission of liability or against interest; creation of task force to study medical malpractice issue, to be run by Department of Health and Insurance Administration.
HB 816. Specified medical injury actions required to be submitted to medical malpractice administrative review board; procedures and processes for board, deliberations and testimony kept confidential and closed to public; rules for neutral expert witnesses; decision of board goes to parties and the court, and entered into state Medical Care Database and Patient Safety Center; board decision to be made public and is admissible in court proceedings; losing party pays costs including prevailing party’s attorney fees.
HB 1136. Chief Judge of Court of Appeals to consider, based on specified study, the feasibility of establishing a medical malpractice court division; establishes the Medical Malpractice Division Task Force, membership, requires Task Force to study feasibility of a medical malpractice division in circuit court.
HB 1499. Allows tax credit against State income tax for medical malpractice insurance premiums under specified circumstances.
|
All bills either died in Committee or received no legislative action in 2006
|
|
Massachusetts
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
SB 1006. Setting of interest rates for payments in medical malpractice action where damages are awarded.
|
Discharged to committee on Senate Ethics and Rules on 3/27/06 |
|
Michigan
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
SB 1149. Procedure for defendant in medical malpractice complaint to challenge affidavit of merit filed by plaintiff.
SB 1150. Procedure for plaintiff in medical malpractice complaint to challenge affidavit of meritorious defense filed by defendant.
HB 5758. Expert witnesses in medical malpractice actions must be licensed in state; limited license may be granted to doctor from another state solely for the purpose of giving expert testimony; giving false testimony in medical malpractice action added to list of disqualifications for retaining medical license.
HB 5759. Revision to expert witness standards.
HB 5948. Affidavit of merit required from plaintiff in medical malpractice complaint; information required on affidavit regarding breach of standard of care; expert signing affidavit must be licensed and actively practicing in same specialty as named defendant.
|
SB 1149/1150: Referred to committee on Judiciary on 3/15/06;
HB 5758/5759:
Referred to committee on Judiciary on 2/28/06;
HB 5948: Referred to committee on Judiciary on 4/18/06 |
|
Minnesota
Adjourned
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
HF 2832. Commerce Commissioner to provide annual report to legislature about status of medical malpractice insurance market based on annual statements filed by insurance providers; insurance providers required to file reports with certain data to Commerce Commissioner, including specific coverage for individual emergency and obstetrics physicians, medical facilities and nursing homes.
|
No action |
|
Mississippi
Adjourned sine die, March 31, 2006.
|
SB 2056, HB 1165. Provides temporary market of last resort to make medical malpractice insurance available for hospitals, institutions for the aged or infirm, or other licensed health care facilities; also for physicians, nurses, and any other personnel licensed to practice in any health care facility including hospitals.
SC 575. Requests that Congressional delegation support medical malpractice liability reform.
HB 276. Requires state medical licensing board to compile descriptions of any criminal convictions, charges, disciplinary actions, revocation or restriction of hospital privileges, court judgments against, or arbitration or settlement payments against any physician practicing in state; hospitals, health care facilities and medical societies to make reports of adverse actions against physicians; insurers to report claims or actions for damages; physicians may request to have information withheld under certain circumstances.
HB 659. All medical malpractice claims to be reviewed by medical review panel unless both parties agree to opt out; composition of panel and evidence that may be considered; losing party to pay attorney fees to prevailing party under certain circumstances.
|
SB 2056 passed. Signed by Governor, April 24, 2006. All other bills listed died in committee. |
|
Missouri
Missouri con’t.
|
SB 811, HB 1943. Tax credits for health care providers to offset medical malpractice insurance premiums; medical malpractice insurance claim information to be reported by insurers; standards and procedures for Insurance Oversight and Rate Reduction Program; annual data disclosure of specified information to Department of Insurance from all malpractice insurers; notice rules for premium rate increases.
SB 905, SB 939. Director of Insurance to establish annual reporting standards for medical malpractice insurance providers; establish and publish market rates and base rates; loss experience only applicable within state, not to include other states even if same provider; rate filings open to public; notice requirements for non-renewal of policies; creation of Health Care Stabilization Fund Feasibility Board in Department of Insurance to analyze medical malpractice data, board composition and responsibilities.
SB 914. Medical Malpractice Joint Underwriting Association may provide medical malpractice insurance coverage on claims-made, occurrence, or prior-acts basis.
HB 1046. Medical malpractice insurers required to establish premium rates based on average of all judgments awarded in medical malpractice cases during immediately preceding calendar year, based on counties in which provider is located; adjusted by county for providers in more than one county.
HB 1087, HB 2097. Director of Insurance to establish annual reporting standards for medical malpractice insurance providers; establish and publish market rates and base rates; Director to provide annual reports to state legislature.
HB 1323. Long term care facilities required to carry malpractice insurance of at least $500,000 beginning in 2007.
HB 1837. Medical malpractice insurers required to submit annual report to Department of Insurance, specific information required; Director of Insurance required to submit annual report on medical malpractice insurance to Governor and state legislature, specific information required; all information submitted held confidential and not subject to disclosure; notification requirements when insurer pays judgment or settlement in medical malpractice claims to appropriate licensing board of health care provider; base rates regulation for medical malpractice insurance.
HB 1940. Creation of Health Care Stabilization Fund to pay claims beyond damages limit or limit of health care provider’s insurance; up to $800,000 per incident or $2.4 million per year for single health care provider; funded with membership fees and premiums; fund not responsible for punitive damages or if health care provider found guilty of intentional crime; composition and responsibilities of managing board.
HB 2113. State to provide medical malpractice insurance coverage for liability claims resulting from provision of uncompensated medical services by volunteer health care provider; no cost to volunteer provider.
|
SB 811:Referred to Small Business, Insurance and Industrial Relations committee on 1/11/06;
HB 1943: Referred to Insurance Policy committee on 5/12/06
SB 905: Placed on calendar for reading on 5/12/06;
SB 939: Hearing in Aging, Families, Mental and Public Health committee on 3/1/06;
SB 914: Hearing scheduled in Small Business, Insurance and Industrial Relations committee on 3/6/06;
HB 1046: Referred to Insurance Policy committee on 1/26/06;
HB 1087: Referred to Insurance Policy committee on 2/23/06;
HB 2097: Referred to Insurance Policy committee on 5/12/06;
HB 1323: Referred to Special committee on Healthcare Facilities on 5/12/06;
HB 1837: Signed by Governor on 7/1/06;
HB 1940: Referred to Health Care Policy committee on 5/12/06;
HB 2113: Referred to Judiciary committee on 5/12/06
|
|
Montana
|
No 2006 legislative session. |
|
|
Nebraska
Adjourned
|
LB 1260. Damages limited to $500,000 when good faith effort has been made to resolve or settle medical liability case for incident on or before 12/31/84; $1 million for incident between 12/31/84 and 12/ 31/92; $1,250,000 for incident between 12/31/92 and 12/31/03; and $1,750,000 for incident after 12/31/03; no damages limits if no good faith effort to settle; payment may be made from Excess Liability Fund.
|
Indefinitely postponed. |
|
Nevada
|
No 2006 legislative session. |
|
|
New Hampshire
|
SB 229. Requires Commissioner of Department of Health and Human Services to establish grant program to subsidize medical liability insurance premiums for certain specialties for underserved communities; rulemaking authority to commissioner to carry out provisions.
HB 1299. Establishes medical malpractice insurance study commission.
HB 1338. Places temporary freeze on medical malpractice insurance rates at 2006 levels until Speaker of the House, Senate President, and Governor receive final report of committee instructed to study medical malpractice insurance rates in state and mandatory panels for medical injury claims process established by statute.
HB 1485. Establishes commission to study feasibility of forming self-insurance groups for medical malpractice coverage.
|
All bills voted “inexpedient to legislate.” |
|
New Jersey
New Jersey con’t.
New Jersey con’t.
|
S 593. Noneconomic damages limited to $100,000 or 3 times economic damages, or $500,000 or $750,000 for certain circumstances of injury and future disability.
S 671. Creation of Medical Malpractice Court as court of limited jurisdiction within Supreme Court; authority over any dispute concerning medical liability insurance, any action for injury against health care provider, any other medical malpractice dispute.
S 847, A 419. Noneconomic damages limited to $250,000 for medical malpractice actions arising from emergency care rendered in hospitals or other health care facilities; only applies in cases where health care professional did not have existing provider-patient relationship with the injured plaintiff but did have duty to act.
S 1501, A 945. Statute of limitation for minors on medical malpractice claims 2 years, birth injuries up until age 10 or 2 years from discovery; burden of proof for plaintiff to meet in medical malpractice actions specifically that defendant failed to provide recognized standard of acceptable professional practice or care; affidavit of merit from plaintiff required when complaint is filed; defendant to file affidavit of meritorious defense; expert witnesses must be in same type of practice and possess same certifications as defendant, be in practice for at least 5 years, licensed with state; optional mediation, all parties to file acceptance or rejection, costs attached to outcome of mediation; noneconomic damages limited to $250,000; civil immunity provided to medical personnel responding to emergency outside of professional responsibility in good faith even if within a health care facility; medical personnel not liable for civil damages for injury in emergency situation based on failure to inform of potential consequences; health care facilities to be notified by state Board of Medical Examiners if board has taken action against affiliated physician; physicians permitted to form joint contracts in a Medical Malpractice Liability Insurance Purchasing Alliance to negotiate reduced liability insurance premiums; authorities and rules for Alliance board of directors.
S 1644. Physicians liable for professional negligence only to extent of medical malpractice insurance required to carry under current law.
A 162. State medical boards to annually report statistics on complaints and disciplinary actions against licensees via website; boards to refer to review panels for investigation any medical practitioner involved in at least 3 medical malpractice settlements, judgments or arbitration awards within 5 years; malpractice insurance companies to retain 10 years of records of any settlement, judgment or arbitration award paid; plaintiff to submit copy of civil complaint against medical practitioner to appropriate licensing board.
A 472. Requires health care facilities to report to appropriate State professional licensing board or Department of Health and Senior Services concerning health care professionals whose conduct or care has been called into question by the facility.
A 494. Expert witnesses in medical malpractice actions required to have unrestricted license and to be engaged in active clinical practice or teaching, or retired within 5 years; be substantially familiar with applicable standard of care; practice in same subspecialty as defendant, board certified by same board as defendant.
A 721. Creates Special Medical Malpractice Part of Law Division of Superior Court; to have jurisdiction of any action for injury against health care provider based on professional negligence.
A 1083. Tolled discovery rule limited to total of 4 years of occurrence of medical professional negligence.
A 1088. Notice requirements for plaintiff prior to filing civil action for alleged medical malpractice, response from named defendants; expert witnesses must be licensed and actively practicing in same specialty as defendant; required mediation arranged by court, procedures; conditions to enter mediation results to court if action proceeds to trial; conditions for prevailing party to acquire costs paid by non-prevailing party relating to mediation and any subsequent trial; noneconomic damages limited to $250,000 unless certain circumstances raise damages limit to $500,000; medical malpractice insurance limits on deductibles and coverage; statute of limitations for medical professional negligence 3 years or 1 year from discovery, no action may be commenced after 3 years unless proof of intentional act; statute of limitations for minors under age-2 7 years.
A 1260. Statute of limitations for medical malpractice for minors tolled until age 11; court referral of medical malpractice action to complementary dispute resolution mechanism; health care provider named as defendant in medical malpractice action may file affidavit of noninvolvement with court; expert witness must have same type of practice and possess same credentials as defendant unless waived by court; affidavit of merit to ensure that plaintiff establishes health care provider-patient relationship and identifies specific act that is basis for cause of action; immunity from civil damages for licensed medical personnel who respond in good faith to emergencies outside of professional responsibilities for failure to inform only; oversight by Commissioner of Banking and Insurance over medical malpractice insurers seeking to increase rates over 25%; insured may petition for investigation, Commissioner may conduct hearings; physicians permitted to form joint contracts in a Medical Malpractice Liability Insurance Purchasing Alliance to negotiate reduced liability insurance premiums; authorities and rules for Alliance board of directors; requires all medical malpractice insurers required to notify State Board of Medical Examiners and Insurance Commissioner of every medical malpractice judgment, settlement and award involving licensed health care provider; establishes 3-year Medical Malpractice Insurance Excess Fund within New Jersey Medical Malpractice Reinsurance Association to limit noneconomic damages financial liability to $300,000; fund to pay damages over $300,000 and up to $700,000.
A 1498. Requires payment of medical malpractice policy proceeds to victims of criminal acts by health care professionals; practitioners required to indemnify insurers for payment; insurer has right of subrogation against practitioner to collect sums paid.
A 1634. Expert witnesses in medical malpractice actions must be both hospital credentialed and board certified, devote majority of professional time to active clinical practice in same health care profession as defendant.
A 1868. Establishes Medical Malpractice Liability Insurance Premium Assistance Fund to provide assistance in payment of medical malpractice liability insurance premiums to certain health care providers; amounts and classes of health care providers to be covered established by Insurance Commissioner; health care providers to have received certain premium increases to qualify; health care providers subject to disciplinary action or civil penalty not eligible; annual surcharges to finance fund.
A 2424. Establishes Medical Malpractice Liability Insurance Premium Increase Review Panel in Department of Banking and Insurance to review medical malpractice insurance premium increases on petition by individual policyholders; standards and procedures for review; published information concerning panel.
AR 64. Requests that Congress pass legislation to allow health care facilities to access the national databank holding information on health care practitioners who have been disciplined by a state medical board, discharged for incompetence or misconduct, or has been subject to civil or criminal judicial decisions.
|
Commerce committee on 1/10/06
Judiciary committee on 1/10/06
S 847: Assembly Law and Public Safety committee on 1/10/06;
A 419: Financial Institutions and Insurance committee on 1/10/06;
S 1501: Senate State Government committee on 3/2/06; A 945: Assembly Financial Institutions and Insurance committee on 1/10/06
Senate Commerce committee on 3/13/06
Assembly Health and Senior Services committee on 1/10/06
Assembly Health and Senior Services committee on 1/10/06
Assembly Financial Services and Insurance committee on 1/10/06
Assembly Judiciary committee on 1/10/06
Motion 24 hour notice rule 10:23 on 6/26/06
Assembly Financial Institutions and Insurance committee on 1/10/06
Assembly Financial Institutions and Insurance committee on 1/10/06
Assembly Financial Institutions and Insurance committee on 1/10/06;
Assembly Health and Senior Services committee on 1/10/06;
Assembly Financial Institutions and Insurance committee on 1/10/06
Assembly Financial Institutions and Insurance committee on 2/6/06
Health and Senior Services committee on 1/10/06 |
|
New Mexico
Adjourned sine die, February 16, 2006.
|
SJM 23. Calls for appointment of task force to study medical malpractice insurance issues in the state.
HB 851. Creation of Medical Malpractice Joint Underwriting Association to provide professional liability insurance for health care providers; construct of board; authorities and operations.
HM 7, HM 12. Requests that Congressional delegation support malpractice reform, and calls for legal reform.
|
Died
Died
Died |
|
New York
New York con’t.
|
S. 610, S. 1237, S. 1441, S. 2757, S. 3035, S. 4045, S. 4191, S. 4906. Reintroduced from 2005, summaries at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
A. 4202, A. 5168, A. 5674, A. 7829. Reintroduced from 2005, summaries at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
S. 2209, A. 5166. Creation of Impaired Infant Compensation Fund; personal liability of obstetricians and midwives limited to $250,000 in a birth-related medical malpractice action, Fund to pay judgment beyond that limit; medical personnel not protected by Fund if conduct found to be grossly contrary to acceptable medical standards.
S. 5057, A. 7757. Creates state board for professional medical conduct to conduct disciplinary proceedings for certain actions by medical care providers; complaint and investigative procedures; expert witnesses to be called regarding standard of care.
S. 5060, A. 7754. Options for proceedings with state board for professional medical conduct of informal settlement conference procedure and evaluation program; provides that licensee may be offered option of submitting to an evaluation of professional competence by appropriate entity in certain cases.
A. 8217. Requires health care professionals and hospitals to make available to patients and prospective patients printed copy of any medical malpractice convictions or information.
A. 9632. Creates birth-related neurological injury compensation no-fault fund; workers` compensation board to determine all claims for compensation for birth-related impairment, compensation through fund if injury falls within defined scope of neurological injuries.
|
S. 2209: Referred to Health committee on 2/8/06;
A. 5166: Printed in Code on 3/1/06
S. 5057: Referred to Health on 1/4/06;
A. 7757: Referred to Codes on 1/18/06
S. 5060: Referred to Health on 1/4/06;
A. 7754: Referred to Health on 1/4/06;
A. 8217: Referred to Health on 1/4/06;
A. 9632: Held for consideration in Insurance on 5/17/06 |
|
North Carolina
|
H346. Establishes rates for professional liability insurance for physicians.
Notwithstanding any law to the contrary, the Commissioner of Insurance shall establish and implement a comprehensive classification rating plan for professional liability insurance for physicians in this State.
H2114. Provides for the reporting of details of settlements in medical malpractice claims
H2115. Allows for bifurcation of issues of liability and damages in medical malpractice actions. The court may in furtherance of convenience or to avoid prejudice and shall for considerations of venue upon timely motion order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues.
H2175. Modifies appeal bonds in medical malpractice actions
H2184. Allows for payment of future expenses arising from medical malpractice actions to be by periodic payments
|
H346: Referred to committee on rules, calendar, and operations of the House on 2/23/05;
H2114: Referred to committee on Judiciary on 5/18/06;
H2115: Referred to committee on Judiciary on 5/18/06;
Referred to committee on Judiciary on 5/18/06
Referred to committee on Judiciary on 5/18/06 |
|
North Dakota
|
No 2006 legislative session. |
|
|
Ohio
|
No legislation found as of May 1, 2006. |
|
|
Oklahoma
Adjourned.
|
SB 1928. Periodic payments allowed in medical malpractice judgments over $100,000; joint and several liability allowed for multiple defendants unless over 50% at fault; no prejudgment interest awarded in any case; collateral source payments reported from plaintiff to court; statute of repose in any medical malpractice case limited to 8 years.
HB 2801. Creates Medical Malpractice Premium Fund to offset portion of medical malpractice premiums of physicians and hospitals treating Medicaid and uninsured patients.
HR 1078. Requests that Congressional delegation support medical malpractice reform.
|
No action.
No action.
Adopted, March 27, 2006.
|
|
Oregon
|
No 2006 legislative session. |
|
|
Pennsylvania
|
HB 2226. Requires medical malpractice insurance providers to record and report loss and expense experience and other data to determine whether rates are fair and appropriate.
|
Referred to judiciary on 11/4/05 |
|
Puerto Rico |
No legislation found as of May 1, 2006.
|
|
|
Rhode Island
Rhode Island con’t.
|
S 2137. Annual reports to legislature required from Board of Medical Licensure and Discipline relating to medical malpractice losses; information required in report, recommendations for reduction of medical malpractice insurance premium rates.
S 2215, H 7433. Lower interest rate on civil judgments from 12% to 6%.
S 2427, H 7707. Statute of limitations in medical malpractice cases lowered for minors to age 8, for discovery to 2 years; noneconomic damages limited to $250,000 per claimant; substantive disclosure of expert testimony required with specified deadlines; conditions for prejudgment interest assessed on medical malpractice awards; certificate of merit required with each claim for damages in medical liability actions; “bad faith” must be proven before damages award allowed over insurance policy limits.
S 2738, H 7751. Increased regulation of insurance rate settings and increased disclosure by insurance companies to apply to medical malpractice insurance; medical malpractice policies not to discriminate in pricing of claims-made coverage between insureds who retire, die or continue practice.
S 2774, H 6997. Statute of limitations in medical malpractice cases lowered for minors to age 8, for discovery to 1 year; substantive disclosure of expert testimony required with specified deadlines; prejudgment interest assessed on malpractice awards lowered to 5% unless certain exceptions met by plaintiff; certificate of merit required with each claim for damages.
H 7019. Limits on plaintiff attorney’s fees on sliding scale, 15% on any amount over $600,000.
H 7706. Special legislative commission created to make comprehensive study of medical malpractice reform; report to General Assembly in 2007.
|
Scheduled for hearing on 5/2/06
S2215: Referred to Senate Judiciary on 1/31/06;
H7433: Committee recommended held for further study on 3/28/06;
S 2427: Scheduled for hearing on 5/2/06;
H 7707: Referred to House Corporations on 2/16/06;
S 2738: Scheduled for hearing on 5/2/06; H 7751: Scheduled for hearing on 3/7/06;
S 2774: Scheduled for hearing on 5/2/06; H 6997: Referred to House Corporations on 1/31/06;
H 7019: Scheduled for transfer on 2/15/06;
H 7706: Referred to House Corporations on 2/16/06 |
|
South Carolina
Adjourned |
S. 1057. Requires mandatory mediation, binding or nonbinding arbitration or some other form of alternative dispute resolution before the trial of medical malpractice action.
S. 1059. Any conduct or statements constituting voluntary offers of assistance or expressions of regret, mistake, error, sympathy or apology between parties or potential parties to a medical care civil action should be encouraged and not considered admission of liability; medical malpractice defendant can waive inadmissibility of any statements.
|
No action.
S. 1059 signed by the Governor 6/9/06. |
|
South Dakota
Adjourned
|
HB 1158. Plaintiff required to file affidavit of merit stating that complaint has been evaluated by medical expert in any medical malpractice action where expert testimony is needed.
|
Passed out of committee, but no floor action. |
|
Tennessee
Adjourned.
|
SB 3277, SB 3276, SB 3411, SB 3405. Removes governmental tort liability limits for civil medical malpractice actions generally against public health care facilities, employees and county hospitals.
SB 3802, HB 3693. Limits health care provider liability to actual economic losses plus $250,000 in noneconomic losses; aggregate noneconomic damages $500,000 in cases with multiple defendants; periodic payment of future damages if award is over $75,000; limits security required to stay judgment pending appeal; plaintiff attorney’s fees limited on sliding scale; expert witness must be licensed in state or contiguous state, in same specialty as defendant; affidavit of merit must be filed by plaintiff; plaintiff must file medical disclosure form so defendant can acquire applicable medical information.
HB 2778, HB 2779, HB 2781, HB 3681, HB 3682. Removes governmental tort liability limits for civil medical malpractice actions generally against public health care facilities, employees and county hospitals.
SJR 523. Requests Congressional delegation to support medical malpractice reform.
|
No action on any listed bills.
HB 3693 failed in committee.
HB 2778: Taken off notice for cal. in Senate Judiciary committee on 5/27/06;
HB 2779/2781: Assigned to Civil Practice and Procedure of Judiciary on 2/21/06; HB 3681/3682/SJR 523: Taken off notice for cal. in Sen Judiciary committee on 5/27/06 |
|
Texas
|
No 2006 legislative session. |
|
|
Utah
Adjourned sine die, March 1, 2006.
|
SB 41. In any civil action or arbitration proceeding relating to unanticipated outcome of medical care, any statement, gesture, or conduct expressing apology, sympathy or describing events leading to outcome to patient by defendant is inadmissible as evidence of admission of liability or against interest.
SB 133. Gross negligence standard extended to health care professionals working in volunteer health clinics with no compensation.
|
Passed. Signed by Governor, March 17, 2006.
Died in committee. |
|
Vermont
Vermont con’t.
|
S. 198. Expression of regret or apology by health care provider inadmissible in any civil or administrative proceeding when made within 14 days of when provider knew or should have known consequences of error; health care providers required to report medical errors to patients; Sorry Works program established on voluntary basis, providers who choose to participate required to report unexpected injuries to patient and provider’s safety officer; program maintains confidential database of incidents; grants awarded to health care providers to offset costs of participation.
S. 278. Health insurance reform bill with medical malpractice provisions: expression of regret or apology by health care provider inadmissible in any civil or administrative proceeding when made within 14 days of when provider knew or should have known consequences of error; practice guidelines admissible in medical malpractice actions to determine standard of care; required adverse event reporting, health care facilities to complete root cause analysis and develop corrective action plan; Commissioner of Health to develop adverse event reporting system.
H. 713. Medicaid bill with medical malpractice provisions: Department of Health to develop minimum standards for adverse event reporting system including reports to peer review committees, analysis of events, implementation of corrective action, reports to commissioner; expression of apology by health care provider is not admission of liability; statute of limitations for minors under age 6 is until age 9; collateral benefits allowed into evidence; mandatory arbitration of medical malpractice claims; noneconomic damages in medical malpractice actions limited to $250,000; damages limit adjusted based on Consumer Price Index between 2008 and 2010; after 2010, damages amount based on CPI compounded annually.
H. 827. Establishes screening panels for medical injury claims to identify both meritorious and nonmeritorious claims; findings and writings of panel private and confidential, may not be introduced as evidence in court except in certain circumstances; court administrator to collect specified data on medical injury claims and submit annual report to legislature; Insurance Commissioner to submit annual report to legislature about medical malpractice market and effects of panel process, may collect data from insurance providers.
H. 847. Requires medical malpractice insurers to obtain approval of Insurance Commissioner for premium rate increases of 10% or more; hearings to be held on increases at request of any interested party.
|
S. 198 passed and signed by Governor 5/15/06.
Senate Health and Welfare committee on 1/10/06
Health Care committee on 1/24/06
Judiciary committee on 2/1/06
Health care on 2/23/06 |
|
Virgin Islands |
No legislation found as of May 1, 2006.
|
|
|
Virginia
Adjourned sine die, March 11, 2006.
|
SB 68. In any civil liability action accruing after July 1988 including medical malpractice, total amount for punitive damages against all liable defendants limited to $350,000; all punitive damages awarded deposited into state Literary Fund; no attorney to retain fees or costs from any punitive damages award.
SB 338. Certain professionals including health care practitioners not permitted to disclose confidential information communicated in professional capacity when testifying in civil matters; exceptions for consent of client.
SB 610. Risk management plan allowing certain physicians and community hospitals to purchase malpractice insurance extended from 2006 to 2008; only effective if funding is provided in budget bill.
SJR 90, HJR 183. Continues work of Joint Subcommittee to Study Risk Management Plans for Physicians and Hospitals examining medical malpractice issues and feasibility of creation of health courts.
HB 1001. Limits circumstances in which insurers are required to provide notice of reduction in coverage or increase in premiums; specified deadlines for medical malpractice policies; applies only to insurer initiated changes.
HJR 50. Directs Joint Legislative Audit and Review Commission to study feasibility of establishing multi-jurisdictional pilot health court and subsequent system of health courts in Commonwealth; findings and recommendations due January 1, 2007.
|
Continued to 2007.
Passed. Signed by Governor, April 5, 2006.
Adopted, March 23, 2006.
Passed. Signed by Governor, April 4, 2006. |
|
Washington
Adjourned sine die, March 8, 2006.
|
SB 5785, SB 6038, SB 6072, SB 6087. Reintroduced from 2005, summaries at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
HB 1223, HB 1225, HB 1809, HB 1929, HB 1933, HB 1937, HB 2279. Reintroduced from 2005, summaries at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
HB 2292. Any statement or conduct expressing apology, sympathy or fault, or similar statements and conduct, inadmissible as evidence of admission of liability in civil action against health care provider; adverse medical event reporting and notification; medical quality improvement program; medical liability insurance providers required to report all closed claims to Insurance Commissioner beginning in 2008, specific information required; Insurance Commissioner to make annual reports to state legislature; notice requirements for cancellation or revision of medical malpractice insurance policy; statute of repose in medical malpractice actions limited to 8 years, 1 year from discovery and actual knowledge if alleged intentional misconduct or presence of a foreign body; plaintiff must file certificate of merit with complaint; voluntary arbitration may be conducted if all parties agree, processes, regulations and deadlines; mandatory mediation prior to going to trial, rules to be created by courts; sanctions for filing frivolous lawsuits and payment owed for costs and fees to prevailing party.
|
Passed. Signed by Governor, March 6, 2006.
|
|
West Virginia
West Virginia con’t.
Adjourned sine die, March 19, 2006.
|
SB 48. Any physician rendering medical services or treatment to injured person has lien on all claims and causes of action for amount of physician’s reasonable charges up to date of such payment; notice of lien given by certified mail or personal service to injured person, alleged defendant, and/or insurance company.
SB 82. Any physician rendering medical care without remuneration to indigent individual in good faith without objection from the individual not held liable for any civil damages as a result of the care or treatment rendered except in instances of gross negligence.
SB 755. State Physician’s Mutual Insurance Company may decline or refuse to renew medical malpractice insurance policies transferred from Board of Risk and Insurance Management under certain circumstances; criteria to classify, rate and price policies; criteria to underwrite coverage; requirements and minimum standards for self-funded medical professional liability insurance.
HB 4824. Rate filings for medical malpractice insurance required to contain specified data for informational purposes; loss data on payments made in bad faith, unfair claims settlement practices, other data to support rate filing.
|
Judiciary, then finance committee on 1/11/06
Judiciary on 1/11/06
Passed. Signed by Governor, March 19, 2006.
Banking and Insurance, then Judiciary on 2/24/06
|
|
Wisconsin
Adjourned
|
Legislation introduced in 2005 still considered active, list of 2005 bills found at www.ncsl.org/standcomm/sclaw/medmalreform05.htm.
AB 960. Noneconomic damages for medical malpractice occurrence limited to $750,000, plus $5,000 for each year that injured’s life expectancy, adjusted annually for inflation; Injured Patients and Families Compensation Fund to adopt life expectancy table; separate limit on noneconomic damages equal to 25% of injured’s damages for certain relatives; financial maintenance regulations of Fund by Board of Directors and Insurance Commissioner that could affect amount of noneconomic damages limit in certain circumstances.
AB 1072. Collateral source payments allowed into evidence in medical malpractice cases, amount of payments, amount claimant is obligated to reimburse, reduction of amount of damages awarded by that amount.
AB 1073. Noneconomic damages for medical malpractice limited to $750,000; Board of Injured Patients and Families Compensation Fund to report to legislature every 2 years any suggested changes to damages limit.
AB 1074. Plaintiff’s attorney fees in medical malpractice lawsuits limited to costs of prosecution, and on sliding scale of recovered damages; excludes overhead and office support staff costs, consulting attorneys and charges from costs of prosecution.
|
Failed to pass.
Vetoed by Governor, April 14, 2006.
Passed. Signed by Governor, March 22, 2006.
Vetoed by Governor, April 14, 2006. |
|
Wyoming
Adjourned sine die, March 11, 2006.
|
HB 81. Department of Health program to provide loans to physicians for medical malpractice insurance premiums assistance extended until March 2007.
HB 173. Establishes medical liability insurance assistance account to provide payment of portion of physician medical liability premiums as specified; administered by Insurance Commissioner, rulemaking authority.
|
Passed. Signed by Governor, March 24, 2006. |
